Last week, I posted on how one law firm associate suing his firm for discrimination may be part of a larger trend towards using the court of public opinion rather than an ordinary court to further a cause. Justin Patten at Human Lawyer picks up on the emerging popularity of the Court of PR as a host forum; indeed, for him it's significant enough that it warrants inclusion in his ongoing book project.

Patten considers the Apple/Cisco dispute as an example of how a case can play out in the blogosphere. Patten cites the ongoing use of blogging by Cisco's general counsel to explain its position in the suit against Apple. Patten concludes with the following observations:

1. It takes a strong knowledge of blogging to have the confidence to use a blog in litigation.

2. The language is clear, open and avoids legal lease. Most lawyers would struggle with that.

3. Some negative comments have been made on the Cisco blog. To be expected but with the power of search engines and ease of publication, better to have speak on your blog than elsewhere. Overall the feedback is positive.

4. Could the blog influence perception of the litigation? Yes if enough bloggers support Cisco.

I think we're just seeing the tip of the iceberg on the use of blogs in litigation, so far.

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More on the Court of Public Opinion

Last week, I posted on how one law firm associate suing his firm for discrimination may be part of a larger trend towards using the court of public opinion rather than an ordinary court to further a cause. Justin Patten at Human Lawyer picks up on the emerging popularity of the Court of PR as a host forum; indeed, for him it's significant enough that it warrants inclusion in his ongoing book project.

Patten considers the Apple/Cisco dispute as an example of how a case can play out in the blogosphere. Patten cites the ongoing use of blogging by Cisco's general counsel to explain its position in the suit against Apple. Patten concludes with the following observations:

1. It takes a strong knowledge of blogging to have the confidence to use a blog in litigation.

2. The language is clear, open and avoids legal lease. Most lawyers would struggle with that.

3. Some negative comments have been made on the Cisco blog. To be expected but with the power of search engines and ease of publication, better to have speak on your blog than elsewhere. Overall the feedback is positive.

4. Could the blog influence perception of the litigation? Yes if enough bloggers support Cisco.

I think we're just seeing the tip of the iceberg on the use of blogs in litigation, so far.